Export Control Order 2008
What this means for your business
- Enforced by
- ECJU
- Applies to
- United Kingdom
- On this page
- 39 compliance obligations, 6 practical guides across 3 topics
What you must do
39 compliance obligations under this legislation — 17 can result in imprisonment.
Inspections 1
Allow inspection of export‑control records
Unlimited fineIf your business is required to keep export‑control registers or logs, you must let authorised officials inspect and copy those records. They can enter the premises at a reasonable hour and you must provide the information in a legible form if it is not already readable.
Management duties 10
Appoint export officer and maintain written export compliance programme
Unlimited fineIf your business receives or exports EU‑listed military items, you must name a senior executive who is personally responsible for all export and transfer activities. You also need to provide the government with signed written commitments and a detailed description of your internal export‑control system, and be ready to give end‑user information whenever asked.
Check end‑use and restrict export of dual‑use items suspected for WMD
2 years imprisonmentIf you think a dual‑use product, software or technology (that isn’t listed in Annex I) might be used for weapons of mass destruction, you must investigate the intended use. You may only export or transfer it abroad if, after reasonable enquiries, you are satisfied it will not be used for WMD purposes.
Do not export injectable pancuronium bromide or propofol to the USA
Unlimited fineIf your business exports medicines, you must not send any injectable product that contains pancuronium bromide or propofol to the United States, nor ship them anywhere else if you know the final destination will be the USA. Put checks in place to verify the active ingredient and the ultimate destination before any export.
Do not export or electronically transfer military goods or technology without a licence
Unlimited fineYou must not send out any military equipment, or send military‑related software or technical information by email, file‑transfer or other electronic means unless you have a valid export licence. Put compliance checks in place so that no unauthorised export or transfer can happen.
Do not export or transfer dual‑use items to prohibited destinations
Unlimited fineIf your business exports, ships or sends by electronic means any UK‑controlled dual‑use goods, software or technology, you must make sure the final destination is not a prohibited country listed in Schedule 3. Even if the immediate recipient is not prohibited, you must not know that the item will end up in a prohibited destination unless it will be further processed before it gets there.
Do not export prohibited dual‑use goods transiting the UK
2 years imprisonmentIf your business ships dual‑use items that pass through the UK on their way to another country, you must not export them when they are listed in Annex I of the dual‑use Regulation, or when you have been told (or are aware) they could be used for weapons of mass destruction. You need to check the classification and end‑use before arranging any transit shipment and stop the export if the goods fall within these categories.
Do not supply or facilitate Category B goods between third countries
Unlimited fineIf your business handles Category B goods you must not sell, deliver, arrange delivery or promote their movement from one non‑UK country to another, unless your role is limited to permitted services such as financing, insurance, advertising or transport that meets the narrow exceptions. Breaching this rule can lead to unlimited fines and up to ten years’ imprisonment.
Do not supply or facilitate export of controlled goods to embargoed destinations
Unlimited fineIf your business supplies, delivers or arranges the delivery of goods that are subject to export controls, you must not send them from one non‑UK country to another non‑UK country that is listed as an embargoed destination. This means you need to check the final destination of any controlled items and stop any transaction that would route them to an embargoed country.
Do not transfer software/technology intended for WMD from abroad
10 years imprisonmentIf your business is a UK person and you have been told, or you know, that certain software or technology is intended for weapons of mass destruction, you must not move that item from a location outside the UK to any other country or even into the UK. The rule applies regardless of where the final user will be, unless you are sure it will never be used for WMD and will not be processed in the UK.
Prevent supply of Category A goods for re‑export between third countries
Unlimited fineIf you run a UK business, you must not provide, arrange or promote the delivery of any Category A controlled item when you know – or should reasonably know – that the item will be moved from one non‑UK country to another non‑UK country. You need to check the intended destination of every sale and refuse any transaction that could result in such a transfer. Breaching this rule can lead to criminal prosecution.
Notifications 1
Serve export control notices by post or to Export Control Organisation
If your business needs to send a notice to the Secretary of State under the Export Control Order, you may do it through an authorised agent and must either post it or hand‑deliver it to the Export Control Organisation at the Department for Business and Trade. This ensures the notice is properly received and recorded.
Other requirements 7
Apply for and hold a UK export licence for dual‑use items
2 years imprisonmentIf you want to export certain dual‑use goods, you must first obtain a licence from the Secretary of State. You need to apply for that licence and keep it in place before any such export takes place.
Do not export goods prohibited under the Export Control Order
Unlimited fineIf the goods you plan to send abroad are listed in articles 3‑9 or 12A of the Export Control Order, you must not export them. This means you need to check each shipment against those lists and stop any export that is prohibited, otherwise you risk criminal prosecution.
Do not export or electronically transfer specified dual‑use items
12 months imprisonmentIf you have been told by the Secretary of State that certain dual‑use goods, software or technology you handle may be for use by a military, police or other security entity, and those items are not listed on Annex I, you must stop exporting them or sending the software/technology abroad by electronic means. Breaching this can lead to criminal prosecution.
Do not export WMD‑related software or technology by physical means
12 months imprisonmentIf you have been told by the Secretary of State, or you know, that any software or technology is intended for weapons of mass destruction, you must not send it out of the UK on a physical medium (e.g., on a disc, hard drive, or equipment). This prohibition applies to any non‑electronic transfer, regardless of the destination.
Do not facilitate movement of Category C goods between third countries
Unlimited fineYou must not arrange, agree to supply, deliver or otherwise promote the export of Category C goods if you know or have reason to suspect they will be moved from one non‑UK (third) country to another. Only pure transport, finance, insurance, advertising or unpaid promotion is allowed when that is the sole service you provide.
Do not provide technical assistance for WMD‑related items abroad
2 years imprisonmentIf your business gives technical advice, design help, training or any other support about products that could be used for weapons of mass destruction, you must not provide that assistance to anyone outside the UK – whether directly or by arranging for someone else to do it. This applies even if you are overseas yourself. Breaching this rule can lead to unlimited fines and up to ten years in prison.
Do not transfer WMD‑related software or technology within the UK
Unlimited fineIf you have been told (or you know) that a piece of software or technology is intended for weapons of mass destruction, you must not pass it on to anyone else inside the United Kingdom. The ban applies as soon as you have that knowledge, regardless of whether the transfer is electronic or physical.
Offences and prohibitions 13
Breach a Part 2 or Part 4 export prohibition
Fine up to £2,500If you export, supply or otherwise deal with goods covered by a Part 2 or Part 4 prohibition of the Export Control Order, you commit a criminal offence. On summary conviction you face a fine of up to £2,500. No prison term is provided for this breach.
Breach export‑control prohibitions or fail to give required information
10 years imprisonmentIf your business exports, transfers, brokers or otherwise handles dual‑use items in breach of the controls in the assimilated dual‑use Regulation, or if you do not provide the information required for an export licence or brokering licence, you commit a criminal offence. Conviction can lead to an unlimited fine and up to ten years’ imprisonment, and the case may be tried either in the magistrates’ court or the Crown Court.
Breach of torture regulation prohibitions (transit, brokering, training, trade fairs, advertising, authorisation)
2 years imprisonmentIf your business carries out any activity that the torture Regulation forbids – such as transporting, brokering, training, exhibiting at trade fairs or advertising related to prohibited items – or fails to obtain a required authorisation, you are committing a criminal offence. Doing so knowingly to evade the rule can lead to arrest and, on conviction, up to two years' imprisonment and an unlimited fine. Even without intent to evade, you face a fine of up to £2,500 on summary conviction.
Contravene listed goods or end‑use controls (EU dual‑use)
Fine up to £1,000If you export, transfer, or provide technical assistance for a dual‑use item that is listed as prohibited or subject to an end‑use restriction under the EU dual‑use Regulation, you commit an offence. A conviction in the Magistrates’ Court can result in a fine of up to £1,000. No prison term is provided for this breach.
Export or transfer prohibited goods under article 42L
10 years imprisonmentIf your business exports, transfers, or knowingly assists in exporting goods that are prohibited by article 42L of the Export Control Order 2008, you are committing a criminal offence. The offence is treated the same as any breach of the core export‑control provisions (Part 2). On conviction you could face up to 10 years’ imprisonment and an unlimited fine (or, on summary conviction, up to 12 months’ imprisonment and a fine).
Export prohibited goods – up to 10‑year imprisonment
10 years imprisonmentIf your company exports goods that are prohibited under the Export Control Order (including dual‑use or torture‑related items), you commit a criminal offence. On conviction you face up to 10 years in prison and an unlimited fine. The offence can be tried either in the Crown Court or, in some cases, in a Magistrates’ Court.
Export prohibited items in breach of article 42S
10 years imprisonmentIf your business exports goods that are prohibited by article 42S of the Export Control Order 2008, or knowingly assists someone else in doing so, you commit a criminal offence. Conviction can lead to up to ten years’ imprisonment and an unlimited fine (or up to twelve months and a fine if dealt with summarily).
Export technical assistance breach (article 3(1) prohibition)
Fine up to £2,500If your business supplies technical assistance that is prohibited for export under the torture Regulation, you commit a criminal offence. On summary conviction you can be fined up to £2,500. No prison term is attached to this simple breach.
Fail to comply with export licence conditions
2 years imprisonmentIf your business exports goods under a licence or a general export authorisation and you breach any of the licence’s conditions or the obligations set out in the relevant export control articles, you commit a criminal offence. On conviction you can be fined an unlimited amount and face up to three months’ imprisonment in England, Wales or Northern Ireland (or up to 12 months in Scotland) on a summary trial, or up to two years’ imprisonment (and an unlimited fine) on a Crown Court trial.
Fail to comply with export licence conditions (article 42B)
10 years imprisonmentIf your business exports goods under an individual licence or a general export authorisation and you do not meet the specific obligations set out in article 42B, you commit a criminal offence. Conviction can result in up to ten years’ imprisonment and an unlimited fine. The offence is tried in the Crown Court.
Fail to provide evidence of export destination
Fine up to £2,500If you export goods that need an export licence and the Export Control Joint Unit (ECJU) asks you to show where the goods were sent, you must supply that evidence within the time they set. Not doing so is a criminal offence and can lead to a fine of up to £2,500 on summary conviction in the magistrates' court.
Make a misleading application for an export certificate
10 years imprisonmentIf you submit false or misleading information when applying for an export certificate, you commit a criminal offence. On conviction you face up to 10 years in prison and an unlimited fine (or up to 12 months and a fine if tried summarily). The offence can also trigger civil enforcement measures under the CEMA scheme.
Submit false or reckless information in export licence applications
2 years imprisonmentIf you or someone acting for your business knowingly provides false information, or is reckless about the truth, when applying for an export licence, the licence will be treated as void and you commit a criminal offence. On conviction you could face an unlimited fine and up to two years’ imprisonment. The offence can be tried either in the magistrates’ court (summary) or in the Crown Court (indictment).
Record keeping 3
Keep detailed export records for EU‑listed military items
Unlimited fineIf your business holds an individual licence to export or transfer EU‑listed military items from Northern Ireland to the EU, you must maintain a full register of each export or transfer. The records must be kept in the format required by the Export Control Order and be made available for inspection by HMRC.
Keep records for activities carried out under a general export licence
Unlimited fineIf your business uses a general export licence or a general export authorisation while based in the UK, you must maintain a detailed register of each export act. The register must include what was exported, when, how much, who you dealt with and any other licence‑required information, and you must keep it for several years.
Keep required export‑control registers and records
Unlimited fineIf your business exports or deals with dual‑use items covered by the EU dual‑use Regulation, you must maintain the specific registers set out in Article 29(2)(a)‑(i). These records must be kept up‑to‑date and be available for inspection by HMRC.
Registration and licensing 2
Obtain a UK export licence before sending leg irons, gang chains or shock devices from NI to the EU
10 years imprisonmentIf your business ships leg restraints, gang chains or portable electric shock devices from Northern Ireland to any EU country, you must first have a UK export licence that authorises the shipment. Exporting these items without a licence is a criminal offence and can lead to unlimited fines and imprisonment.
Register with the Secretary of State when using a general export licence
Unlimited fineIf your business carries out any activity under a general export licence, you must send the Secretary of State a written notice giving your name and the address where export‑control records can be inspected. You must also inform them of any change to those details within 30 days. Failure to do so is a criminal offence.
Reporting and filing 2
Apply for export certificate and provide required information
Unlimited fineIf you want to export goods that fall under the Export Control Order, you must apply to the Secretary of State for an export licence (certificate). When you apply, you have to give all the information the government needs to decide whether to grant the licence.
Submit written appeal within 28 days of licence decision
If the UK government refuses, suspends, revokes or amends your export licence, you must send a written appeal to the Export Control Organisation within 28 days of the notification. The appeal must set out the reasons you are contesting the decision and can include any extra information or arguments.
Penalties for non-compliance
37 penalties under this legislation. 17 can result in imprisonment. 33 carry an unlimited fine.
Check end‑use and restrict export of dual‑use items suspected for WMD
Unlimited fine and/or 2 years imprisonment
Do not export prohibited dual‑use goods transiting the UK
Unlimited fine and/or 2 years imprisonment
Do not transfer software/technology intended for WMD from abroad
Unlimited fine and/or 10 years imprisonment
Apply for and hold a UK export licence for dual‑use items
Unlimited fine and/or 2 years imprisonment
Do not export or electronically transfer specified dual‑use items
Unlimited fine and/or 12 months imprisonment
Do not export WMD‑related software or technology by physical means
Unlimited fine and/or 12 months imprisonment
Do not provide technical assistance for WMD‑related items abroad
Unlimited fine and/or 2 years imprisonment
Breach export‑control prohibitions or fail to give required information
Unlimited fine and/or 10 years imprisonment
Breach of torture regulation prohibitions (transit, brokering, training, trade fairs, advertising, authorisation)
Unlimited fine and/or 2 years imprisonment
Export or transfer prohibited goods under article 42L
Unlimited fine and/or 10 years imprisonment
Export prohibited goods – up to 10‑year imprisonment
Unlimited fine and/or 10 years imprisonment
Export prohibited items in breach of article 42S
Unlimited fine and/or 10 years imprisonment
Fail to comply with export licence conditions
Unlimited fine and/or 2 years imprisonment
Fail to comply with export licence conditions (article 42B)
Unlimited fine and/or 10 years imprisonment
Make a misleading application for an export certificate
Unlimited fine and/or 10 years imprisonment
Submit false or reckless information in export licence applications
Unlimited fine and/or 2 years imprisonment
Obtain a UK export licence before sending leg irons, gang chains or shock devices from NI to the EU
Unlimited fine and/or 10 years imprisonment
Allow inspection of export‑control records
Unlimited fine
Appoint export officer and maintain written export compliance programme
Unlimited fine
Do not export injectable pancuronium bromide or propofol to the USA
Unlimited fine
Do not export or electronically transfer military goods or technology without a licence
Unlimited fine
Do not export or transfer dual‑use items to prohibited destinations
Unlimited fine
Do not supply or facilitate Category B goods between third countries
Unlimited fine
Do not supply or facilitate export of controlled goods to embargoed destinations
Unlimited fine
Prevent supply of Category A goods for re‑export between third countries
Unlimited fine
Do not export goods prohibited under the Export Control Order
Unlimited fine
Do not facilitate movement of Category C goods between third countries
Unlimited fine
Do not transfer WMD‑related software or technology within the UK
Unlimited fine
Keep detailed export records for EU‑listed military items
Unlimited fine
Keep records for activities carried out under a general export licence
Unlimited fine
Keep required export‑control registers and records
Unlimited fine
Register with the Secretary of State when using a general export licence
Unlimited fine
Apply for export certificate and provide required information
Unlimited fine
Breach a Part 2 or Part 4 export prohibition
Fine up to £2,500
Export technical assistance breach (article 3(1) prohibition)
Fine up to £2,500
Fail to provide evidence of export destination
Fine up to £2,500
Contravene listed goods or end‑use controls (EU dual‑use)
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Tech Sector Compliance Overview
Comprehensive guide to regulatory compliance for technology businesses - UK GDPR, data protection, online safety, cybersecurity, and sector-specific requirements.
Tech Sector Licensing and Authorisations
Comprehensive guide to licences and regulatory authorisations required for technology businesses - telecommunications, financial services, intellectual property, export controls, and …
Export Control (Dual-Use Technology)
Export of goods, software, and technology with both civil and military applications requires licensing. Particularly relevant for encryption, advanced computing, …
UK Export Controls for Defence Products
Navigate UK Strategic Export Control requirements for military and dual-use goods.
ITAR Compliance for UK Companies
Comply with US ITAR regulations when handling US defence articles.
Understanding UK export licensing and controls
When you need an export licence, how to apply, and the serious penalties for exporting controlled goods without authorisation.
Sections and provisions
77 classified provisions from this legislation.
Duties 26
- s.3 Military goods, etc.
- s.4 Movement of UK controlled dual-use goods, etc. to certain destinations
- s.6 WMD purposes end-use control supplementing the dual-use Regulation the enquirer
- s.8 Transit controls supplementing the dual-use Regulation person
- s.10 Transfers within the United Kingdom for WMD purposes the transferor
- s.11 Transfers from outside the United Kingdom for WMD purposes the transferor
- s.12 Transfers by non-electronic means from the United Kingdom for WMD purposes the transferor
- s.19 End-use control on technical assistance technical assistance related
- s.20 Embargoed destinations act calculated
- s.21 Category A goods act calculated
- s.22 Category B goods act calculated
- s.23 Category C goods act calculated
- s.28 Registration with the Secretary of State
- s.29 Record keeping – general The following
- s.31 Inspection of records reasonable hour
- s.33 Licence refusals, etc. and appeals
- s.44 Service of notices notice
- Applying for certificate Applying for certificate
- Authorisation requirement: Article 11(1) of the EU Authorisation requirement: Article 11(1) of the EU dual-use Regulation
- Establishing reliability of Northern Ireland recip Establishing reliability of Northern Ireland recipient undertaking
- ... and 6 more duties
Offences and penalties 14
- s.34 Offences relating to prohibitions in Parts 2, 3 and 4
- s.35 Offences relating to prohibitions and restrictions in the assimilated dual-use Regulation
- s.36 Offences relating to prohibitions and restrictions in the torture Regulation
- s.37 Misleading applications for licences ...
- s.38 Failure to comply with licence conditions
- s.39 Customs powers to require evidence of destination
- s.41 Application of CEMA in respect of offences
- s.42 Increase of maximum penalty for prohibited exportation provided for in CEMA
- Further offences relating to the prohibitions etc. Further offences relating to the prohibitions etc. in the torture Regulation
- Offence relating to misleading application for cer Offence relating to misleading application for certificate
- Offences relating to prohibitions and restrictions Offences relating to prohibitions and restrictions in the EU dual-use Regulation
- Offence to contravene article 42B Offence to contravene article 42B
- Offence to contravene article 42L Offence to contravene article 42L
- Offence to contravene article 42S Offence to contravene article 42S
Powers 6
- s.26 Licences
- s.32 Amendment, suspension and revocation of licences
- s.40 Customs powers relating to dual-use goods
- s.43 Use and disclosure of information
- Secretary of State may certify Northern Ireland re Secretary of State may certify Northern Ireland recipient undertaking
- Secretary of State may grant certificate Secretary of State may grant certificate
Exemptions 17
- s.13 Exceptions for aircraft
- s.14 Exceptions for vessels
- s.15 Exception for firearms – European firearms pass
- s.16 Exception for firearms – firearm or shot gun certificate or permit
- s.17 Transit or transhipment exception
- s.18 Software and technology exceptions
- s.24 Exception for movement of goods within the customs territory
- s.25 Exception for activities carried out in the Isle of Man
- s.27 Person authorised by UK licence to export goods
- s.45 Revocations and transitional arrangements
- Exception for historic military vehicles Exception for historic military vehicles
- Exception in relation to Northern Ireland: categor Exception in relation to Northern Ireland: category A and C goods
- Exception in relation to Northern Ireland: EU good Exception in relation to Northern Ireland: EU goods in transit
- Exception in relation to Northern Ireland: Europea Exception in relation to Northern Ireland: European firearms pass holders
- Exceptions in relation to Northern Ireland: dual-u Exceptions in relation to Northern Ireland: dual-use goods, software, and technology
- Exceptions to military end-use control supplementi Exceptions to military end-use control supplementing the dual-use Regulation
- Export and transfer control in relation to Norther Export and transfer control in relation to Northern Ireland: dual-use goods, software, and technology